Jump to content

Showing results for tags 'barclaycard'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • Records

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hi I had a letter a couple of months back from Robinson Way regarding a Barclaycard account. I have never had a Barclaycard called them immediately and they told me that it was an egg card. I did have an Egg card several years back and this went in to a DMP but then the DMP Company went in to liquidation and hadn't been paying. I did make payments hug these were returned 'suspense' so didn't make it to the right person. I have checked my Experian and this account has dropped off my file. I don't know if it would be considered SB. How would I find this information out? They have written to me this week offering a 50% discount and then today offering 10 days to contact them before they start litigation proceedings. I cannot afford any negative points on my credit report at the moment so am not sure how to proceed. What would you advise?
  2. Good Evening all, I was wondering if someone could help me with an issue I have about a Barclaycard that I opened in 2005. I build up a balance of around £4000 but paid it off in full in March 2012, I have clear evidence of this as I kept most of the statements and you see the balance goes form £4000 to £0000 (although the statements do not say payment received). I also have 22 following months statements with a balance of £0000. I did not use the account after I paid it off (cut up the card) and after receiving nearly 2 years of statements, they suddenly stopped and I thought the account had closed. I also have a noodle credit report from 2014 that mentions nothing of this account (again proving the account was not in default) Any way in October 2016 I received a letter from Barclaycard saying they had closed this account and transferred it to a company called Asset Link capital with a balance of £4200. I though this must be a mistake and ignored it. I have since received letters from Link demanding payment in full and the latest letter has even threatened solicitors (Mercers Kearns ) action within 14 days. I have checked my most recent noodle credit report and this alleged debt does now appear, so Barclaycard must have backdated my credit report reporting it as default from Feb 2012 (please note it does not appear on the 2014 report), I am worried like hell that I am now going to be taken to court for a debt that has been paid off once (2012). How is it now that 5 years later banks/debt collection agencies can be hasting/threatening legal action for a debt they seem to have made up. There must be some kind of criminal actions going on here. Would there be anyone in the CAG community that can help/advise me with a template letter to send, I am not sure where I start and how I explain all of this or indeed who to report it to. Please please please someone help this worried persecuted human being who has very little money and even less knowledge on how best to tackle these criminals :-(:-(:-(
  3. This one may be very quick "discontinued" but.... The brief history is - 03/2011 - Last payment made on account. Wrote Barclays to request true copy of signed agreement 08/2011 - Mercers letters 01/2015 - MKDP letters - Responded during this period with S.78 02/2015 and followed up with 12+2 expired 02/2015 04/2016 - Robbers Way letters - I responded with dispute letter 09/2016 - Cohen letters - Responded with reminder that the S.78 had not been answered and enclosed copies 02/2017 - Queried incorrect default date on credit reference file for Hoist Ex Barclaycard. DCA didn't respond to CRA 04/2017 - Cohen letters - Responded again to Cohen reminding them of past S.78 and enclosed copies. There have been some big gaps between anyone sending the standard 'give us your money' letters and now rapidly approaching (past?) the statute barred date. I have now received a letter from Robbers Way in which they apologise for their late response and "We appreciate that you wrote to us back in November 2015 to request a copy of your agreement which you have yet to receive. We can confirm that we have queried and requested a copy of this from our clients for you". They also state they have suspended collection activities and account is on hold. That was 3 weeks ago now. At the same time as I received the above mentioned letter from Robbers Way, the record for Hoist has disappeared from my credit file, leaving only the original Barclaycard account which is marked as settled and closed in 12/2011. Is the best advice now to sit tight and now do nothing? Just had a look on another credit reference file at my data, this one is fed by Equifax.. . The Hoist original Barclaycard account is marked as closed with a current balance of zero. The Hoist account is also listed in the closed section with the old balance from the Barclay card.. With this account now being listed as closed does that mean that the DCA has marked it as such?
  4. I have just been contacted by Lowell portfolio about two accounts. The second one which relates to barclaycard is below. An account with Barclaycard that I owed around £1500 on. They said i had a repayment plan set up with them which cleared the bulk of the balance (only £70 left). They said my last direct debit bounced but I have had no contact from them in the 4 years since the direct debit bounced. What is the situation with this balance? it does not show up on my credit report. If i refuse to pay, can this be added to my credit report (despite the initial default - with the actual lender - being in 2009) Any advice gratefully received.
  5. Hello and thanks for your amazing forum I hope you can help, I've read loads of posts but can't find anything that matches my scenario: (I'll try and keep it brief!) I've got a C/card which was with Egg and is now with Barclaycard due to their purchase of egg. It's now down to £4300, (was more like £6k I think) I originally took it out in 2003 odd. I knew I had PPI with them, and so sent off my £1 and asked for my agreement, and have got back a letter which I wasn't expecting, stating that: "We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. With immediate effect we have suspended your Barclaycard account (that's ok, I haven't used it in over a year, just been trying to clear the debt) We have taken this action because in our view there is a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account. It then goes on to talk about cases where people have tried to get money back and failed, and says that I "should continue to pay". I've read loads of posts and forums about unenforceable debts and am confused. I also know that a lot of the account is made up of charges from when I couldn't pay. I am currently paying a really small amount monthly and have done for 1 year, since I wrote to them with my income and expenditure and offer to pay, while making regular payments so they had to accept it. Obviously, I was just looking into PPI and then was going to look at charges, but if I've got an unenforceable debt, can someone please advise what should I do now? I would love it if they would write the debt off. I have other debts which I am also looking into for PPI/charges, my total debt is £23,000. I have been struggling with debt for 10 years now, and it's time I put a stop to it. I now am proud to say I live within my means and intend to never touch credit again. Thank you for reading.
  6. Hello, I wondered if any other poster on the Barclaycard forum has been able to obtain copies of their original application form and statements dated before 1996 using the DSAR method? Did you have to take as it as far as small claims court or the ICO to get the info? Also, does anyone know if Barclaycard used a shorter 9 digit account number in the early 1980's before they extended it to 16 digits? Thanks very much to anyone who can help
  7. Looking for advice on this as I have only been made aware of S86D CCA. I have been on a DMP with Payplan for over 6 years. During this time Barclay's have continue to charge interest albeit at reduced rates on my two cards. I don't believe that they ever sent out a notice of arrears for the accounts at any time. With S86D in mind am I right in thinking that they therefore have not been entitled to charge interest. Whilst I have had AP markers for the entire period they have backdated defaults which will mean that they drop off within the next couple of months. I have received monthly statements from Barclays for the cards throughout so does this counteract the requirement for them to provide a notice of arrears. The interest would be sizeable and could wipe out the rest of my DMP which still has 5 months to run. I have found the below advice Arrears notice penalty Of course, when a trader provides credit, he or she accepts that the debtor may default, whether intentionally or not, or knowingly or not. Either way, the creditor is under a duty to provide the debtor with a notice stating that he or she is in arrears and exactly how much money is owed. Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C. If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,
  8. Received my documentation from the above which seems to state that I did not want PPI in the last century but in 2005 I have entries for £40 called 'out of order' charge. Is this PPI can anyone advise.
  9. Hi So far having followed threads on here I've managed to deal with a hoist claim on a card from 2005 for £1800 before court fees on moneyclaim online for £2800. They were supposed to have paid a fee by 15th June otherwise it would be struck out similar to a thread on here by "musicam" I rang the court a few days after said date and they hadn't paid although the lady said there was some leeway in case they had paid by cheque. I rang again yesterday still having heard nothing expecting to be told it was struck out but was informed its going ahead as they have paid the court fee. How they are allowed extra time to do this when I have received a letter stating it would be struck out by 15th June if the fee is not paid I have no idea ?! today I received hoists witness statement. I wonder if it would be ok to send the witness statement "andyorch" provided for "musicam" as the cases seem pretty much the same. In mine they also rely on Carey v HSB and concede what they have is poor quality and illegible. They also have no default notice from the original creditor Barclaycard, only a default notice from mercers dated 18/3/11. Despite the default from mercers being 2011 - The last payment to this card would have been nearly 10 years ago with no contact since - is it too late to add any statue barred defence to this witness statement ? Athe court date is the 2nd week in July. Does my witness statement have to be in 14 days before which makes it pretty much now ? Hoist also made an offer to accept £1508 full and final settlement when they sent their "evidence" which makes me think they don't really want to go to court. Am I ok to go with ? "IN THE ******* county court Claim No. *********** BETWEEN: Claimant Hoist Portfolio Holding 2 Ltd AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claims form from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. 6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______" Any advice appreciated For Info The original defence provided my myself was "1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted I have in the past had a contractual relationship with MKDP LLP (Ex Barclaycard). 3. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received. 4. On the 18th January 2017 I made a legal request by way of section 78 request to the Claimant. The Claimant has yet to comply with the requested agreement. I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) show and evidence any breach. 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief."
  10. I have been following this thread as I am in a similar position - old Mastercard debt now at the stage of it being allocated a small claims track. It does state that if struck out the claimant (HPH2/H&C) has to pay my costs, as the debt is £11k+ with their interest, fees etc, i.e. over the £10k level. my defence was the total lack of any acknowledgment of my request for info regarding s77a/s78 and 86B. When it went south and M/card closed my account the rate had gone to either 19.9% or 29.9% (latter I think) and heaps of late payment/non-payment type £50ers added to their party trick. I was living abroad and so got any info well after the usual 30 statement, which stopped completely when they closed the account as I was paperless and no longer got access to what was happening. I first got this card about 35 years ago. Applied for the standard CCA and made the CPR31.14 request too. Nothing so far in return. Just wondering, in the absence of almost everything I have read on here and other similar sites (excellent service BTW), if the s77/78 86B claim has any merit whatsoever. Also, as we have to produce evidence, aside from a witness statement, what else do defendants typically produce in court from their own records? I have perhaps one or two old M/card statements, but nothing else really. Thanks in advance. Sorry, I did as requested and started a new thread. Nothing to add really.
  11. Hello financial guru's Today I received a letter from BC saying my account is to be transferred to Link Financial. This account has been on a repayment plan for the last 15 years, this was set up by Citizen Advice and I was paying £10 a month with no interest, this went on for 10 years with no hiccups. About 5 years ago BC decided to up my payments to £40 a month with a 3% apr, I've had the occasional nag letter about going to full apr but after some phone calls they have agreed to stick with the plan. 15 years ago the debt was about £4000, now it's down to 1200 so I'm not sure why they have done this. I remember a few years ago when we was having trouble making the new payments there was added late fees on top and when I first could not pay 15 years ago there were plenty of lates. I am not sure what to do now, shall I wait for the transfer over to LF and see what they want? my wife is all for re-financing it onto a new 0% card just to get rid of them? Any advice will be gratefully received. mutts
  12. Originally I had accounts with Egg, Barclaycard and Goldfish which had all become Barclaycard by the time I defaulted sometime around 2009. These accounts have since been bought by Cabot and one has been farmed out by them to Westcott. It turns out that 2 of these 3 accounts have the wrong date of birth for me. The month and year are correct but the day date is not. I know that at some time in the past all three accounts had the right date of birth as it was used as a security question in any telephone conversation - of which there were many. One of the accounts is the one with Westcott and was the first to become noticed when I failed security. The other is direct with Cabot. To cut a long story short Westcott DEMANDED my birth certificate which after some protest I duly provided Their action was to change the date of birth on the account About year ago the account with Cabot reared its head too and in that time they have been trying to obtain the original agreement from Barclaycard. They have recently responded that Barclaycard are unable to supply the original agreement so they have also changed the date of birth on my account and as far as they are concerned the complaint is closed. My contention is that the one unchangeable event in ones life is the date you were born and that if these are my accounts the data is corrupted or they are simply not my accounts at all. Unfortunately I can't verify any of the history as during a house move 6 years ago the box containing all my financial records was lost. I am tempted the contact both the Data Protection registrar and the Financial Ombudsman and to tell Cabot that this is the action I am about to take. Should I be doing this or is there some other action I should take. The sums on the 2 accounts together exceed £20,000 and I have been paying £1 per month on each for the last 8 years or so Thank you for your advice in advance
  13. I've recently started to receive letters from Lowell and today, out of the blue, a phishing letter from Robinson Way. I've plumped for a free Noddle file and can see Mkdp and Lowell. Lowell have mentioned a Barclaycard and their balance reflects what is in my file. I presume Robinson Way will follow the phishing letter with demands for payment. I presume both relate to old Barclaycards. The default dates show mid 2010 however I was thinking the dates would have been 2009. Is there a chance the default dates are wrong? How do I go about moving this forward? One account was opened in 1994, one in 2003. I'm confused about what I should be asking for having read different things about a CCA pre 2007. There will be charges no doubt, not sure about PPI. I need to engage with Lowell now as they've been persistent , but will wait for Robinson Way to say exactly what it is they are chasing. The Lowell account is a card account that was sold to Barclaycard , maybe an egg card. When would a true default date be?
  14. Hi i sent a sar to barclaycard , i have just recieved there response , all they have sent is copy statements , now are they supposed to send me everything they have on file , like , default notice , signed agreement ? i wish i had kept the default notice but at the time going thyrough bad time and just ripped it up , many thanks
  15. So here's the latest in my Egg adventures. I've had a letter from Barclaycard referring to an EGG debt, to an old address. It's attached here. It refers to a default that hasn't appeared on my file as yet. I'm fairly certain (although I don't think I have a record) that the account was defaulted in 2004. Here's the fun part - it was from an Egg credit card, Now this. Do I CCA Barclaycard for the Egg details instead? Egg_Barclaycard_default_26-02-17.pdf
  16. Hi im hoping someone can help, we've had our barclaycard since 2007, we've always paid it the average balance is around 2k we only realised in feb we had been paying PPI. I ve sine sent a letter to barclaycard as we've never used this policy as we wasn't aware we even had it even through unemployment etc the payments have been made. They have sent a letter today advising us they are refusing the claim as they sent us 2 letters in jan and feb 2013 requesting we check all of out PPI policies and that all the information was correct and that we should have been in touch within 3 years and the period has now expired. I didn't received any kind of paperwork or I would have cancelled the policy there and then , we are both no self employed and my husband has medical conditions which meant the cover is of no good to us. ive called them and he told me to write and appeal the decision. has anyone any ideas or had anything similar? also where can i find a good calculator to give me a true idea of monies paid and what i could potentially claim back? thank you
  17. The Barclays account in particular is dated 2000 . I have read that many of the agreements dated as far back as then do not have enough terms and conditions on the credit agreement and it is by a long way the most uncomprehensive agreement i have seen . Outside of that clutching at straws to be honest , like i said i would have settled them for her had they been able to meet me at a slightly lower per centage but my understanding is link are less likely to negotiate downwards than others.
  18. Hi guys. After scanning through a few similar posts I thought it would be clearer to understand if I posted my own thread hi-lighting my own concerns specifically. Hope that's ok? I'll give an explanation of my situation then submit my questions. About 7 years ago I had a few outstanding debts on various overdrafts and c/cards etc. My wife and I owed around £4'500 in total. Nothing to get to worked up about. My wife and I seperated though and after a clean and simple divorce I was left trying to float the home finances alone. Living on half of our former income, things quickly started to spiral out of control. In the end I went to citizens advice who spoke to all the creditors and asked them to freeze all my overdrafts and cards etc and also freeze any interest charges. We arranged affordable repayment plans for each of them and all has worked well since then. One of the accounts was with Barclaycard. I owed around £1'500 and they kindly agreed a repayment plan of £12.00 per month. I set up a direct debit and all has been going great. I've never defaulted on a payment and I've watched the debt steadily fall. Just a few weeks ago I called them and asked if I could up the payments from £12.00 to £24.00 per month in order to clear the debt more quickly, as it was now down to a balance of just £429.00 I was told by the representative on the phone that it would be easier to leave the account as it is for a while as Barclaycard were in the process of transfering some accounts to another company who would be taking over the management of these accounts and collecting the remaining debts. I said I was not happy with this as my debt was with Barclaycard and it was them that I was in a contract. I explained to her that I could not see why it was ok for Barclaycard to suddenly change the contract. She tried to reassure me it was all ok but I insisted that I speak to her supervisor. After a minute or two another voice came on the line and told me not to worry and that it would be fine to up my repayments. If I wasn't happy to switch company's then no switch would be made. I hung up satisfied with the outcome. Then a week or so later I recieved a letter from Barclaycard dated the 10th Oct 2016 informing me that they have, and I quote... "closed and transfered your Barclaycard account to a company called Assett Link Capital (No.5) Limited. They've appointed Link Financial Outsourcing Limited to act on their behalf so they'll be looking after your account from now on" On the same day I also recieved a letter from Assett Link Capital confirming that Barclaycard had "Assigned" the account to themselves and that they in turn had appointed Link Financial Outsourcing Limited to service the account on their behalf. Included were contact and bank details to arrange payments with Link Financial. With all this looking so official and above board and not wanting to once again incur charges against the account, I went ahead and visited Link Financial's website and filled out the online direct debit form. I then recieved an email thanking me for my completing the Direct Debit set up form and that my information had been received and they would begin setting up my Direct Debit shortly. Although I wasn't happy at being forced into accepting this change I felt it was more important to stay on top of repayments rather than damage my now recovering credit score. I have since seen some online articles which have caused me to have concerns. So the questions I've been asking myself are as follows. 1) Am I in any danger of being defrauded by a fake company who have access to my personal banking information? 2) Are Barclaycard in breach of contract by handing my debt on to another debt recovery agency? 3) Barclaycard say they've "Closed" the account where as Assett link say Barclaycard have "Assigned" the account to them. Is this the same thing or are these companies being clever with their wording? 4) Now I have filled out the online direct debit form with Link Financial have I obligated myself to repay the outstanding sum to them. 5) If I have not obligated myself to make repayments to these other agencies and do try and challenge paying back the debt, will this have a damaging effect on my credit score? I appreciate your taking the time to read this, much longer than anticipated post, and look forward to any help and advice you good people may be able to offer. Thanks and regards. Skinz72
  19. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue: 29 Feb 2016 defence due by 4pm 1st april What is the claim for – 1.The claim is for the sum of £11,028 in respect of monies owed under an agreement with the account no. 4929… (16 digit ref) pursuant to the Consumer Credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims. 1. The sum of £11028. 2. Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent from the 29/07/2010 to the date hereof 2035 is the sum of £ 4919 - [How can they make a claim to 2035?] 3. Future interest accruing at the daily rate of £2.42 4. Costs What is the value of the claim? £16,765 Is the claim for a current account?: Barclays Credit Card When did you enter into the original agreement: 25th April 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. HPH2 Did you receive a Notice of Assignment? Yes, from Hoist Portfolio 2 Limited, stating MKDP LLP has assigned rights to them on 01 Oct 2015 and HPH2 appointing Robinson Way Limited to manage the account. Did you receive a Default Notice from the original creditor? No, not heard from them since Feb 2012, they did write in 2011 assigning MKDP LLP Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Business went bust, leaving me with £70k worth of personal card, loan and HMRC debt, I’ve never recovered from it, finished therapy less than a year ago, I’d struggle to pay them all £50 a month combined at the moment. What was the date of your last payment? Nov 2009 – Account defaulted 29 July 2010 Was there a dispute with the original creditor that remains unresolved? I paid Moment Networks £5k to handle all debts, as advised by the administrator of the business (who was wound up themselves) and Moment was wound up as well, turns out it was a con and this company also went bust. Barclays don’t recognise them and this left all the debts with me and a lot of grief from the business side as well. Did you communicate any financial problems to the original creditor and make any attempt to enter into debt management? I never made a plan with Barclays, I communicated that Momentum Networks was taking over the account, but obviously that fell through, I then disputed ownership. All my debts are in the sixth year, is it correct they're removed from my credit file as well? Obviously getting a county court judgement now would not be helpful either. Looking for a way to defend myself and to progress, would love to finally clear my name up. Today I received the following claim, I'm looking for guidance on how to move forward. I had 8 debts,, some of which are now settled (not by me), three remain and this is one of them.
  20. I have received a letter from Barclaycard asking me to confirm my details in respect of something to do with my former SkyCard payment break plan. I rang the number and was taken through to the complaints team who asked me to fill out the form and return it. Has there been something in the news about this that I have missed as its all come a little out of the blue? I did have a SkyCard but that went away with all my other debts when I was declared bankrupt in April 2011 (i was discharged in October 2011), and I dont remember having any cover but then again maybe I did. I'm assuming they're contacting me in regards to potential compensation or something. On a related note, a couple of years back I was contacted by Natwest who informed me that I was entitled to compensation for missold PPI, in total they sent me just over £4500. Due to the bankruptcy I of course informed the Insolvency service and they thanked me and told me they would deal with it. Jump forward two years and I recently discovered that the money is still sat in an account in my name but has a no transcation marker on it. I once again contacted the insolvency office and they gave me the same speech as in 2014. Having checked back with the bank however the money is still sat there and seemingly the INsolvency service arent that bothered about taking it. So where do I stand in regards to the money, Is there a period after which I would be able to access it or will it always be theirs regardless of their inaction?
  21. Hi, I'm hoping someone can offer me some advice. A few years ago I was the victim of identity theft. I was made aware of this and checked my credit report, someone had applied for several credit cards in my name at a previous address. This had left several defaults on my credit I made contact with these companies through Experian and all these companies confirmed i had been the victim of identity theft and cleared theses defaults from my credit report. I also as advised reported this fraud to the police via action fraud. One of these companies was barclaycard. I have a letter from barclaycard confirming I did not make an application and any fraudulent spending has been removed from this account. I believed the matter settled. However I've recently noticed a default on my credit report for £1351. It had been placed there by Hoist Portfolio holding 2 limited. I disputed this via experian and was told to call barclaycard fraud team. Which I did, they confirmed that I did not owe any money and the only record of myself was the fraudulent application previously mentioned. I then as advised by experian wrote to Hoist Portfolio/Robinson way stating that the date of birth on the default record was incorrect and I was not living at this address at the time the account was created and enclosed a copy of the letter Barclaycard had sent me confirming that i had been a victim of fraud. A week later i received a letter with a Barclaycard letter head stating that this account had been transferred to HPH2 in October 2015 and all payments shall be paid to HPH2. This was 3 months after i received a letter from barlcaycard confirming I'd been a victim of fraud. How do I deal with this? This is adversely effecting my credit rating?!
  22. A bit of background, when I got my first job after being a student circa December 2008 I got my first CC - a Barclaycard Platinum. Within the space of 2 year they'd thrown a £9,500 limit at me and having something of a love for travel back then it got used up. At the time I was living at home with the parents and therefore regular payments of £600-700 were not a problem to keep the balance going down faster than it went up. Roll forward to 2013, I move out and start renting, the Barclaycard becomes my only source of 'offset' spending and the payments I'm able to make drop down to the minimum amount of around £200 which when combined with interest barely shifts the balance and it slowly rises and hovers around the £9000-9500 mark for about a year - some months it crept over the limit and I'd have to find the funds to get things back in check. In 2014 I admit defeat and go on a payment plan, they refuse to freeze the interest but do reduce it and my monthly repayment goes down by around £100. I keep to that plan and when it expired I renew for another year. When that second plan expired they refused to offer me a third agreeing only to an informal arrangement of £110pm but with frozen interest which I've kept to. The months on the informal plan appear on my credit file as months of sustained arrears. On November 28th I received a letter saying my debt - which has now reduced to £5700 has been transferred to Link Financial who I've yet to hear anything from. The letter from Barclaycard says I should go on paying them until I have details for Link and any funds will be passed along, my informal agreement will also be honoured for at least a further 6 months. Since the debt is no longer with BC, should I continue making payments to them or stop payments all together until Link get in touch? if the answer to that is yes, will not paying anything in the meantime put me at a disadvantage when it comes to them continuing to honour the informal arrangement? will I in a sense forfeit that arrangement. I've also read horror stories about Link and they're love for CCJs, how likely are they do this if payments to a debt are being maintained? the thought of a CCJ fills me with horror as I work for a company who deals with Pensions and as part of that I get credit checked every other year - I don't know what affect a CCJ would have on that check and I'd like to avoid having to find out! Am I stuck in a state of limbo until Link eventually pipe up? I've seen people speak of full and final offers, were I in a position to make such a proposal in a few months time - assuming they bother to get in touch - would a history of paying a decent chunk per month go massively against me compared to someone who has paid £1 for instance? would they see I'm good for more and try and rinse me for every last penny? Thanks in advance for any advice, it's stressing me out no end.
  23. Hi, It's a bit of a complicated issue, but I'll try to keep it concise. It's relating to my partners BC account, for which he put his head in the sand until 2014 as he assumed PayPlan had 'sorted it all out', since starting a DMP in mid 2006. I took over the issue in 2015, helping him, as we discovered BC failed to default the account in 2006 (and where still trashing his CRA files). The journey since has been frustrating to say the least.... ...I use 'I' in this context as I have been writing the letters etc on his behalf to try to get this sorted. I have a complaint with FOS, re Barclaycard failing to default a CC account in 2006 and adding interest between 2007-2016, at times as much as 17.9% whilst on a DMP. I raised complaint with BC in Early 2016, raising with FOS 6 months later (in time), BC refused to default account, and referred me to the FOS. FOS have now stated its both out of time, ie more than 6 years ago (only by BC using this as an excuse to stop the FOS investigation), and secondly the FOS adjudicator has stated it is fair, and in BC T&C that interest can be charged after the account is cancelled, as per T&C. ...my problem is that in 2 CCA requests no terms have ever been provided, the one copy I did receive with my DSAR does not reference interest under the section number the FOS states, oh and the FOS has actually failed to include a copy of the terms they are referencing! I intend to escalate to an Ombudsman, but need a little advice beforehand. My Q is: When a credit card is cancelled, by the creditor for the cause of 'my failure to meet minimum contractual repayments' (for 5 months), does this deem the contract to be terminated and thus no longer valid. Ie can BC legally charge interest if they have withdrawn credit facilities and 'cancelled' the account? (There are internal BC notes from DSAR which state account is closed in 2006) I always thought that when closing the account, withdrawing the card and stopping PPI etc then he contract was finished and interest could not be charged. (Oh and defaulted which is my main complaint to BC, the interest being charged is the second part of the complaint as I think this falls also under unfair treatment). History below: In summary, in 2006 default notice, not complied with (was in considerable financial difficulty), received a letter from BC stopping PPI as the account was cancelled. All credit facilities were revoked. DMP with Payplan started FIVE weeks after account cancelled. Then a 2nd default notice issued, after the first DMP payment, but before DMP accepted by BC . This too expired before BC accepted DMP. For one year interest was stopped, but then failed on 2 DMP payments , only managing a partial payment for both, in 2007. (DMP temporarily failed due to bullying from another creditor to make more payments to them outside of DMP!). Interest was restarted and never stopped despite numerous letters from PayPlan request that it is stopped - all letters were ignored. Between 2007 - 2016 made regular payments, and in Sept 2016 managed to pay off the remaining balance with a small PPI Claim received from another company. Between 2006-2014 buried head in the sand assuming PayPlan were working in best interests. Also assumed BC account was defaulted, all the others out of 13 creditors were defaulted between 2006-2009. In 2014/2015 realised both that BC was not defaulted and that wouldn't be getting the interest 'refunded' upon completion of DMP ( as promised by PayPlan - unfortunately only verbally!). This is when I intervened eventually leading to this Formal complaint to BC. any advice before I reject the ajudicators decision would be great. Me_too
  24. I have also had my Barclaycard debt passed to a debt collection co., but this morning I had a 'phone call from B/Card telling me that they had never had a debt cancelled and that they did NOT have to produce a copy of their agreement for credit cards. Are they correct please?
  25. Hi Firstly, those in debt finding it hard to see light at the end of the tunnel, don't be disheartened, it can be done. After 8 years, I am within 9 months of being debt free. however, this hasn't been without issues and I could do with some advice on what should be my last issue.... Sorry for the length, just don't know best course of action... thanks in advance for any help I defaulted on an Egg credit card, they sold the debt to Arc Europe. Barclaycard bought Egg. Barclaycard transferred the debt to Moorcroft. I have consistently paid the agreed monthly amount. However, during the transfer from Arc to Moorcroft 3 payments went to Arc totalling c£250. In July 2016, Moorcroft sent me a letter stating an incorrect outstanding balance, incorrect by the same c£250 exactly. In November 2016, I wrote the following to Moorcroft (names & reference no's excluded, and amounts rounded to avoid identification).. In reply to your letter dated dd/07/2016 stating the balance was £x. I disagree with this balance, my balance is £y. This represents a difference of c£250, which equates to monthly payments of £z. My account transferred from ARC to Moorcroft in September 2011. At this time, my balance with ARC was £6k, before my September 2011 payment. This is confirmed in your letter dated dd/10/2011. I am not aware of missing any payments, can you provide a full breakdown of the account including any interest or charges applied please? Today, I believe the balance is £a. I will not pay any additional balance until I receive a full breakdown of the account including any interest or charges applied. Please do provide a full breakdown of the account including any interest or charges applied. Today, they have responded with (pleasantries have been excluded) Our client has advised that they have a balance of c£900 on their system. a letter is attached from our client as confirmation. The attached letter (on very poor Barclaycard letterhead and unprofessional format) says dd/12/2016 Dear Sir/Madam RE : My name - Account No. my account number Thanks for contacting us. Unfortunately, statements are no longer produced on the above account. I can confirm that the outstanding balance of the Account As of today is c£900. I trust this information is of assistance to you. Any queries, contact us, we are here to help. So in summary, I know why we disagree with the balance. Moorcroft won't acknowledge this. Moorcroft have created a fictitious letter from Barclaycard trying to pass it off as from Barclaycard. The debt is no longer on my credit file, it is clean. I suspect if I contact Barclaycard they won't recognise the account. All payments since Sept 11 have been paid to Moorcroft using their reference number, except the 3 made to ARC. what do I do? 1) stop payments immediately 2) report Moorcroft to FCA 3) subject access request to Moorcroft 4) send Moorcroft a firm letter as per - you are wrong. payments have been made to Moorcroft not Barclay - you are fraudulent. you should create fictitious letters using someone else letterhead. - offer 10% of the correct balance to go away? help please....
×
×
  • Create New...